Considerations of L1B to H1B conversion The H-1B status offers foreign workers in the US a number of advantages over the L-1 program. On an H1B visa, the holder can stay for six years whereas an L1A visa holder is given 7 years and an L1B visa holder is given 5 years. The H1B and L1 are both temporary US visas which allow dual intent, meaning H1B and L1 US visa holders do not need to demonstrate any ties to their home country, and can apply for permanent residence under a Green Card visa scheme without … If you are going with a cap-exempt employer, then you can start working as soon as your I-129 is approved without having to wait for the cap filing window. There are several options to the foreign workers to temporarily work in the U.S. or conduct other work related activities. You have to fill an open position in a US company that could not have been filled by an American citizen, and you must be well qualified for the job. Many employers in the United States routinely need temporary workers that are highly skilled. There is an annual Quota/Cap of 85,000 H1B Visas. You must be transferring to the US from an overseas branch office (parent or subsidiary) of the US company. On an L-1 visa, the maximum length an individual is allowed to stay is 7 years (5 years as an L-1B professional). 2. Individuals in “Specialty Occupations”, such as IT Specialist, Architects, Accountants, Doctors, Lawyers, etc. Once the office has been open and is doing business, L-1B holders can be transferred to the new office to help support the new office’s operations. On a similar note, L-1 petitions do not maintain a prevailing wage which is typically established by the State Employment Security Agency based on the duties, skill, and experience required for the position. Learn more about the, That the beneficiary will be paid the prevailing wage, That the current employees have been notified of the intent to hire the beneficiary, That hiring the beneficiary will not negatively impact the working status or environment of the current employees. She has done a great and excellent work which has rewarded with good success. Shilpa is just the best attorney you will ever meet. Also known as the “Person in Specialty Occupation Visa”, you can apply for the H1B Visa if you received a job offer in a US company, and you fulfil the following requirements: Qualifying fields of employment for the H1B Visa include: The L1 Visa (Work Visa for Intracompany Transferees), as the name suggests, is a type of visa issued to workers transferring to the US branch of a company. You can change to a new visa status, however, such as to an H1B visa. Allows U.S. employers to employ a foreign professional to work in a “specialty occupation” for a period of up to six years.. 2. I would highly recommend SGM law group immigration services. I was immediately convinced she is the right Attorney I should stick with. With an H1B you can also apply for a Green Card after the visa expires. NOT LIMITED TO ONLY MULTINATIONAL COMPANIES. If your visa stamp in passport has expired, it means that you cannot use it to re-enter America after you travel to home country. She has very deep understanding on complex areas of immigration. It’s crucial to carefully weigh the similarities and differences of each one in relation to your unique needs and status. After the Visa expires, you can apply for an Employment-Based Green Card, as long as you have a qualifying job. Examples of such include, but are not limited to: You may be required to submit evidence that your degree corresponds to the petitioned visa. Allows qualified employees of an international company to be transferred to a related company in the U.S. in an executive or managerial capacity.. 3. H-1B visa holders do not necessarily need to work for a multinational company. Click here for the, Likely one of the most prevailing factors in favor of an L-1 visa is the ability for L-2 visa holders (spouse or unmarried minors of L-1 visa holder) to get Employment Authorization Documents (EAD) and find work. An H-1B visa holder may remain in the county for a total of six years but there exists the opportunity to file for a 3-year extension. My manager hired her to help us with our case and not only she walked us thru the process but she made sure everything went smooth. Likely one of the most prevailing factors in favor of an L-1 visa is the ability for L-2 visa holders (spouse or unmarried minors of L-1 visa holder) to get Employment Authorization Documents (EAD) and find work. Feature L1 Visa H1B Visa; Green Card: Visa holders (L1) can apply for a green card under the EBIC category, which obviates the need to go through the labour certification process.Labour certification is a long and expensive process in most cases. As two of the most popular US Work Visas, the L1 visa and H1B visa receive hundreds of thousands of applicants every year. Unlike the L-1 visa, which requires the applicant to be an executive, a manager, or an employee with specialized knowledge about the company’s operations, an H-1B applicant can fulfill a wide variety of roles as long as they coincide with his or her educational/experience and qualify as specialty positions. However, the H1B visa is not actually the option available in this particular situation. The H1B Visa And L1 Visas – What Are They? She is well organized and always on top of everything! While the L-1 is only open to those that work for multinational companies, the H-1B offers more flexibility for individuals to change jobs and employers while in the US. The key is that you have a relevant degree/work experience for the job accompanying the H-1B visa. We ensure that all documents and petitions are filed in a timely manner and make it a point to accommodate each one of our clients. The H1B visa is initially valid for 3 years but can extend for another 3 years. As such, the two types of L1 Visas are: L1A Visa (Manager position) requirements: L1A Visa (Executive position) requirements: L1B Visa (Specialized Knowledge staff) requirements. This article will detail the difference between the L1 vs H1B Visa to try and make it easier to decide which type of visa you are best suited for. share. Visto H1B. Additionally, under the current political administration, H-4 holders may not be able to seek employment authorization much longer. Following are the reasons: Switching jobs - … Very passionate about her work! The immediate family members of H-1B visa holders are also now able to acquire EADs in light of the President’s recent executive action. to begin the filing process today. It’s sometimes easier to gauge the right type of visa for you based on the annual limits. There are no exact salary requirements for the L1 Visa, other than it must not be low. They are also eligible to petition for permanent residency without losing their L1A status. Several large companies that regular transfer employees between the US and foreign offices can take advantage of the blanket L visa petition option, which makes the entire process much easier. After the visa expires, you can apply to switch to another immigration route. H1 Visa vs L1 Visa. H1B Visa holders have to receive the same salary as other workers in that profession or the average salary for that position in the US. You can apply for an L1 Visa if you will work for a multinational company, in a lead or key position. You will need to make sure that you have at least a bachelor’s degree that is related to the specialty position for which you have a job offer. And there are 100s in line like you, willing to move to US on L1 and then H1B. You will receive your salary from a US company. They are not permitted to apply for another job with another employer under their existing L-1 status. You must be authorized to enforce policy rules and regulations for the company. Unlike H1B Visa, the L1 visa is not covered by an annual cap. However, in certain instances, the education requirements may be substituted with hands-on work experience. When you hear about L1 vs H1B and which is better L1 or H1B for a particular position, you may not be sure which is the better option for you. However, many people choose to change their status from an L-1 to an H-1B visa. For the L-1 visa, there is no possibility of extension past the above maximum time periods. To get an LCA, an H-1B sponsoring employer must make four attestations: One major advantage of the L-1A visa is the ability for executives and managers to come to the U.S. with the intention of opening a new branch, office, or subsidiary where one does not already exist. From the moment my wife and I met with Miss Shilpa she set our expectations and helped us submit our visa applications. For the L-1 visa, there is no possibility of extension past the above maximum time periods. The main difference between the H1B and L1 visa is: You can apply for an H1B Visa if you will work for an American employer and American-based company. The L-1 visa, also known as the intra-company transferee visa, is a nonimmigrant visa category that is designed to allow multinational companies to transfer their employees from foreign branches to locations within the U.S. For those that are visual learners, you can take a look at this helpful guide on L-1 vs H-1B visas. Have distinctive and unique knowledge of the company’s services, products, management, etc. They can study and live in the US, but if they want to work they have to apply for an Employment Authorization Document (EAD). Contact one of our Fort Lauderdale immigration lawyers to begin the filing process today. Unfortunately, this does not carry over to H-1Bs. They can study and apply for an Employment Authorization Document (EAD) so they are allowed to work. The L-1 visa requires each applicant to have worked in the company for at least one consecutive year during the three years leading up to the L-1 application. You qualify to work in a research and development project for the US Department of Defense or another government position. H1B visa grants an initial 3-year stay but can be extended to a maximum of 6 years. Basically, any U.S. employer may seek the skills of a foreign worker provided that they are offering a specialty position that requires a bachelor’s degree. Your employer has to sponsor you for a PERM Certificate. It is possible, however, to extend an H-1B visa beyond the predetermined time frame if certain steps toward lawful permanent residency have been taken. Your employer does this by applying for Approval from the US Department of Labour (DOL). If this comes to fruition, these people will need to find an alternative within the immigration system to work in the U.S. NO CERTIFICATION REQUIRED FROM DEPARTMENT OF LABOR. , is a nonimmigrant visa category that is designed to allow multinational companies to transfer their employees from foreign branches to locations within the U.S. If this employer is cap-subject, you will not be able to have your petition submitted until the lottery window opens on the first business day in April and you will not be able to start working as an H-1B worker until October 1st of that same year. For example, if only a small fraction of applicants are approved according to annual caps, you may be better off taking an alternate route. Overall it was a great experience working with her! This status is for individuals who have a prior work history with the company but live in a foreign country. This may be a hindrance or a benefit depending on the wage determined by your employer. These companies can only transfer employees that serve in a managerial or executive capacity as well as employees that have specialized knowledge concerning the company’s operations. H1B vs L1: Determine Which Visa Is Best For You - Duration: 5:28. Keep in mind the education and employer requirements, maximum duration, annual caps, and spouse employment. For instance, just because you have a bachelor’s degree in Marine Biology, doesn’t mean you’ll be qualified for an H-1B visa to work as a Mechanical Engineer. Below is the breakdown for L-1A, L-1B, and H-1B visas: If an individual has spent any amount of time in the U.S. on an H visa, that time is applied towards the maximum duration of the L visa, and vice versa. It was re-assuring to hear from her over and over, during the process that "I will want your case or petition to be successful.". For the L1 visa, the L1A grants a maximum of 7 years while L1B grants up to 5 years. Individuals waiting for a green card can choose to stay in the U.S. on an H-1 visa, or pursue the L-1 visa, with consideration of the following: 1. While the L-1 is more appropriate for those that work for multinational companies, the H-1B is more appropriate for those that wish to work for American companies and have more flexibility in their job. The two most common work Visas for the United States are the L1 Visa and the H-1B Visa. Dependents of L1 visa holders are also eligible to work in the US under visa L2. With an H1B Visa, you can also bring your spouse and unmarried children under the age of 21 with you to the US. L1 Visa vs B Visa 1. They are both temporary work visas and maintain dual intent–with the option to apply for a green card without affecting visa status. Consult an immigration attorney to ascertain the necessary documents and proceedings. An L-1 visa must be filed by an intra-company transferee which means that the individual was employed for an entire year (within the past three years before filing the L-1 visa petition). The Visa is issued in accordance with your work contract. You can read more about the proclamation and its impact in our recent update. L1 Visa vs H1B Visa The H1B visa has been the best option so far for people with specialty occupation applying to work for a limited period of time in the US. There are no required academic qualifications to get an L1 Visa. The L-1 and the H-1B visas are the two most popular non-immigrant work visas issued by the United States of America. For companies, this visa allows them to affordably expand … H1 Visa vs L1 Visa . She had winning ideas, creativity and excellence right from the onset which reflected upon what was filed, and the hard work and heart put into it for the resultant success. Although it is a more vague term, Specialized Knowledge staff eligible for an L1B Visa includes essential employees in a company who: Qualifying positions include doctors and surgeons in a hospital, engineers, lawyers, professors, etc. Complete US Immigration Lawyer Services 6,259 views. Two of the most common nonimmigrant work visas are the L-1 and H-1B visas. In stark opposition, you may face a roadblock when attempting to file an H-1B because of the visas previously allotted. Through an H-1B, however, you can work for an entirely new employer. AFP. H1B visa holders may stay in the US for up to 6 years and may file for a 3 year extension. As previously mentioned, the H-1B recipients must retain specialized knowledge in the field and possess at minimum a bachelor’s degree or equivalent. You can apply for an L1 Visa if you will work for a multinational company, in a lead or key position. If this employer is cap-subject, you will not be able to have your petition submitted until the lottery window opens on the first business day in April and you will not be able to start working as an H-1B worker until October 1st of that same year. Some of the requirements for using the blanket petition option include: the employer must have obtained at least 10 L-1 approvals during the previous 1 year or has U.S. subsidiaries/affiliates with a combined $25 million in revenue or has at least 1000 employees in the U.S. By contrast, H-1B does not have any option for filing blanket petitions. They are both temporary work visas and maintain dual intent–with the option to. Key Difference: H1 visa is a special visa that allows U.S.-based employers to hire foreign employees to work for them. There is an effort to remove this privilege from the spouses and dependents of H-1B holders. As with the H1B visa, L1A visa holders may bring their spouses and unmarried children to live in the U.S. with them. Keep in mind the education and employer requirements, maximum duration, annual caps, and spouse employment. There are no extensions for the L1 visa types. Learn more about the process to obtain a work permit. Examples of such include, but are not limited to: An explanation detailing how your position or responsibilities within the business relate to your degree and breadth of knowledge. The new employer (aka sponsor) has to file a new visa petition to the USCIS. Here’s a brief recap of the benefits of the L-1 visa over the H1B: As an H-1B visa holder, you can remain in the county for a total of six years. Not only is this tedious and time consuming, but it can cost additional funds in some cases, though the LCA itself does not come with a filing fee. I will recommend Shilpa and her law firm, SGM to anyone who needs capable and experience hands to help with his/her petition. Also, if the I-140 is revoked, withdrawn, or otherwise removed, the H-4 holder will not be able to renew his or her EAD when it expires unless another I-140 is approved for the principle H-1B holder. If this consideration is not met, or the enterprise is not multinational, an L-1 visa is no longer a viable option. Like the L-1, an H-1B visa is also a nonimmigrant visa which permits foreign workers to enter into to the U.S. to carry out the functions of a company, however, the individual must possess knowledge either theoretical or technical in a specialty occupation field. Expert testimonials and opinions attesting to the value of the degree within the given field or job. Your family members have to get an H4 Visa. The H1-B visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. At a minimum, a bachelor’s degree/equivalent or higher constitutes eligibility for an H-1B visa. If you have either an H-1B or an L-1 visa and see that the other visa is better for your situation, you may want to make the change for the sake of your immigration future. The L1 visa includes L1A and L1B visa categories. What should I do ? . It is possible, however, to extend an H-1B visa beyond the predetermined time frame if certain steps toward lawful permanent residency have been taken. You do not need approval from the US Department of Labor to get the L1 Visa. The H-1B and L-1 visas each possess their share of pros and cons. In other words, you will, You have at least a 4-Year Bachelor degree or higher (Masters degree, PhD), You have advanced training or vocational skills. Thank you so much for all your help !! L1: The L1 (or the visa preferred status) is a United States visa, … Only multinational companies qualify for L-1 visas. Objective resources showing a clear association between the degree and industry-wide positions. My suggestion is to apply for H1B through petition, if selected go with it, if not then apply for L1A. Difference between H1 Visa, H1B and L1 Visa. There are instances when business operations in the United States are faced with the need to bring in personnel from their locations abroad to make sure that their procedures are not affected negatively. Professional, responsive and transparent are a few words that come to mind when looking back at our dealing with this law firm. Here is a slide from our helpful video about L-1 vs H-1B visas recapping the advantages and disadvantages between the H-1B and L-1 visa. Once granted, however, the visa is valid only to work for that specific employer or corporation. You can apply for an H1B Visa if you will work for an American employer and American-based company. On an L-1 visa, the maximum length an individual is allowed to stay is 7 years (5 years as an L-1B professional). L1 Visa. Her service was excellent and I would definitely recommend her to all my friends! It’s crucial to carefully weigh the similarities and differences of each one in relation to your unique needs and status. L1B visa holders may stay for a maximum of 5 years. L-1 employers do not have to experience the hassle of submitting a Labor Condition Application (LCA) which essentially demonstrates a lack or unavailability of domestic workers to fulfill the role. Before you receive the H1B Visa, your employer has to prove that they had an open application and that there were no qualified workers to fill the position in the States. What do you offer that US candidates and your peers don't have, If you want to work in US, then do MS. That is percent guranteed way of working in US, which comes with its own visa complications. With an L1 Visa, you can bring your spouse and unmarried children under 21 years old to live with you in the US while you work. This person would apply for a L1 visa. L1 visa is one of them.